AMRISHBHAI MANUBHAI BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the appellants-original accused Nos. 1 and 2 have been held guilty of the charge of offence punishable under Sections 7, 12, and 13 (1) (d) (i) and (ii) read with 13 (2) of the Prevention of Corruption Act, 1988 (herein after referred to as the 'act' or 'the PC Act'),by the ld. Special Judge, Ahmedabad in Special Case No. 8/1990 vide judgment dated 22. 03. 1993. Both the accused, vide impugned judgment, are directed to undergo S. I. for period of 2 years and fine of Rs. 1,000/- and to undergo in default punishment for a period of 2 months for the offence punishable under Section 7 of the PC Act. Both the accused are again asked to undergo S. I. for period of 2 years and to pay fine of Rs. 500/- and to undergo in default S. I. for period of 2 months for the offence punishable under Section 12 of the Act. Both these accused have been imposed S. I. for period of 2 years and to pay fine of Rs. 1,000/- and to undergo in default punishment of S. I. for the period of 2 months punishable under Section 13 (2) of the PC Act. Though, both the accused were asked to undergo different punishment and to pay fine for all the three offences each, the Court ordered the substantive sentences to run concurrently. The Court has also passed some orders for muddamal articles at the conclusion of the trial in the order of conviction and sentence. The same has been assailed by present appeal preferred under Section 374 read with Section 376 of the Code of Criminal Procedure. The original accused No. 1 was, at relevant point of time, serving as senior Clerk at Octroi Checkpost, Odhav and accused No. 2 was Junior Valuation Officer at the very Octroi checkpost. Both the accused have died pending this appeal. However, vide order dated 21st February, 2000 passed in Criminal Miscellaneous Application No. 6480 of 1999 Amrishbhai Manubhai Brahmbhatt has been permitted to continue the present appellate proceedings as per scheme of Section 394 of the Code of Criminal Procedure. Death Certificate of deceased accused Manubhai was also produced. In the same way, son of original accused No. 2, Dilipbhai Motibhai Patel is also permitted to continue the present appellate proceedings vide order dated 14. 07. 2005 as per orders passed by this Court in Misc. Criminal Application filed by him in that regard.

(2.) MR. A. D. SHAH, learned advocate for the appellants and learned APP Mr. A. J. Desai for the State have been heard at length. The trap incident is of 24th August, 1989 and the same was led by police with the help of complainant Dabhaibhai Kavabhai. The gist of the case of the prosecution is reflected in the charge framed by the Trial Court vide Exh. 4. It is alleged that on 24th August, 1989 at about 7. 15 AM. when both the accused were on duty at Octroi Checkpost, Odhav, the complainant, Dabhaibhai Kavabhai came to the Octroi Checkpost with a Truck loaded with wood. At that time, accused demanded bribe / gratification for under-valuation of the goods and thereby determined less amount of Octroi payable than the actual that could have been recovered against the goods imported within the Octroi limits of Ahmedabad Municipal Corporation. The amount of demand is Rs. 20/- for showing favour by indicating less value of the price of the goods that was loaded in the Truck and it was possible only, if both the accused have decided jointly and under a connivance. According to prosecution, the Police Officer of ACB had information about the Municipal Employee working at Octroi Checkpost, Odhav accepting gratification when the goods are being imported / brought within the city Octroi limit.

(3.) IN view of this information, ACB Police Inspector, Mr. Solanki went at some distance from the Octroi Naka, Odhav prior to the time when the trap was carried out and stopped one truck bearing registration No. GTY 6185 which was proceeding towards city of Ahmedabad. It was alleged that about 200 mounds of wood which is used in making furniture and 75 mounds of wood that can be used as fire wood was found in the truck. The complainant Dabhai Kavabhai and driver Muradmiya Irshadmiya were questioned by P. I. Mr. Solanki of ACB and the complainant informed Mr. Solanki that employees working at Octroi Checkpost, Odhav were charging / accepting gratification at the time of transporting / bringing goods within the limits of city of Ahmedabad.